What Is Possession Of A Controlled Dangerous Substance Without A Tax Stamp In Oklahoma?

Because simple possession of a CDS becomes a misdemeanor on July 1, 2017, some DAs offices will use 68 OS § 450.8 to try and get a felony conviction for mere simple possession of a CDS. The law applies to someone who is a “dealer,” which is defined as a person who, in violation of the Uniform Controlled Dangerous Substances Act, manufactures, distributes, produces, ships, transports, or imports into Oklahoma or in any manner acquires or possesses more than 42.5 grams of marijuana, or seven or more grams of any CDS other than marijuana, or ten or more dosage units of any CDS other than marijuana which is not sold by weight. For purposes of this law, a CDS is a drug, substance, or immediate precursor specified in Schedules I through V of the Uniform Controlled Dangerous Substances Act which is held, possessed, transported, transferred, sold or offered to be sold in violation of the laws of Oklahoma.

Any “dealer” manufacturing, distributing, producing, shipping, transporting, importing or possessing any CDS without affixing the appropriate stamp, upon conviction, is guilty of a felony punishable by imprisonment in the Department of Corrections for not more than five years or by the imposition of a fine of not more than $10,000.00, or by both such imprisonment and fine. Of course, nobody will have a tax stamp, so simple possession of a certain amount of drugs can violate this statute in addition to the one that the voters changed (63 OS § 2‑402).

Since nobody is going to attempt to get a tax stamp on an illegal drug, anyone in possession of an illegal controlled dangerous substance in the above amounts can be found guilty of violating the Controlled Dangerous Substances Tax Act.

Oklahoma Drug Laws Offenses, Penalties, & Your Rights

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This is their way of circumventing the will of the voters who voted for State Question 780 on November 8, 2016.

For more information on Possession Of CDS Without Tax Stamp, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.

Sources:

68 OS § 450.1

68 OS § 450.8